Chap. 326.—An ACT to amend and re-enact section 3249 of the Code of Virginia,
as heretofore amended relating to transportation of oysters out of Virginia,
imposing bushel tax on oysters to be taken out of the State, and providing
penalties for failure to pay tax. [S B 307]

Approved March Z5, 1932

1. Be it enacted by the general assembly of Virginia, That section
thirty-two hundred and forty-nine of the Code of Virginia, as amended
by chapter two hundred and fifty-two, Acts of the General Assembly,
nineteen hundred and thirty, approved March twenty-fourth, nineteen
hundred and thirty, be amended and re-enacted so as to read as
follows:

Section 3249. It shall be unlawful for any person to carry, or at-
tempt to carry, or to buy for the purpose of carrying out of this State,
any oysters taken from the natural rocks, beds or shoals in the waters
of this Commonwealth, until he has first obtained for each cargo a
permit to do so from the inspector from whose district the said cargo
is to be taken, or from the captain of one of the oyster police boats, and
has paid to the inspector or police boat captain a tax of two cents per
1932] ACTS OF ASSEMBLY 59:

bushel on the number of bushels in said cargo. Said permit shall be
signed by the commissioner of fisheries and countersigned by the saic
inspector or police boat captain, and it shall be the duty of said com:
missioner to grant such permit, whenever after examination by him of
the seed areas, he shall ascertain that it will not injure or deplete saic
seed areas to grant such permits and that the supply of seed oysters
is in excess of demand for seed oysters by planters in the State of Vir-
ginia ; and, provided, that the commissioner shall have power to cease
granting such permits whenever he shall ascertain that said seec
areas are becoming depleted, and that to continue to grant such per-
mits would seriously injure the same. Any person violating the pro-
visions of this section shall, upon conviction thereof, be confined in the
penitentiary for one year, or at the discretion of the jury, may be con-
fined in jail not exceeding one year, and fined not exceeding five hun-
dred dollars. Moreover, all boats and vessels, together with their
tackle used in violating this section and all oysters found thereon,
shall be forfeited to the Commonwealth, in proceedings as provided
for the enforcement of forfeitures. If any oyster inspector or other
person shall knowingly aid and abet or shall collude with any person
in the violation of this section, he shall be deemed guilty of a mis-
demeanor and upon conviction thereof, shall be confined in jail not ex-
ceeding six months and fined not exceeding five hundred dollars.

All taxes collected for carrying oysters out of the State shall be
forthwith forwarded by the inspector to the commissioner, and by the
commissioner to the comptroller, with his other collections, out of
which there shall be paid so much as is necessary for the bacterio-
logical work as required by the United States public health bureau
tor the safeguarding and protection of the seafood industry of the
State of Virginia, subject to the direction of the governor.

On and after January first, nineteen hundred and twenty-eight, the
revenue derived from this act shall go into the general fund and be
appropriated out under the budget.

. An emergency existing, this act shall be in force from its
passage.